Scott Talkov, Author at Talkov Law Partition Attorneys

Probate Code § 11950 – Two or More Beneficiaries Entitled to Undivided Interests; Petition for Partition, Allotment or Other Division (Probate Actions)

California Probate Code § 11950 is the California probate statute that allows two or more beneficiaries who are entitled to undivided interests in estate property to petition the court for a partition, allotment, or other division of that property. This statute ensures that co-beneficiaries can equitably divide estate property subject to administration and avoid the … Read More

Probate Code § 11953 – Division Proportionate to Party’s Interest; Sale Instead of Division; Agreement to Accept Undivided Interest (Probate Actions)

California Probate Code § 11953 is the California probate statute that governs how property should be divided among multiple beneficiaries who hold undivided interests in estate property, i.e., co-ownership. This section ensures that each beneficiary receives a portion of property equal in value to their share of the estate and allows for a sale when … Read More

Right of Survivorship in California: How It Affects Co-Ownership and Partition Actions

The right of survivorship determines whether property skips probate—or sparks a legal dispute. In California, this powerful legal principle allows a surviving co-owner to automatically inherit the deceased owner’s share of real estate—but only if title is held in a very specific way. When survivorship rights are not clearly stated in the deed, the property … Read More

File a Partition Before Home Prices Drop in California?

Partition actions in California are most effective when filed before home values begin to fall. If you’re involved in the co-ownership of real property and notice signs of a declining market—rising interest rates, increased inventory, or more price cuts—now may be the time to act. Filing early can mean the difference between preserving your equity … Read More

Hidden Risks of Delaying a Partition Action

Delaying a partition action isn’t just waiting—it’s risking your rights and your wallet. While some co-owners promptly file a partition action when the relationship has clearly ended, others hang on for hope that something will make the problem go away. However, delaying a partition action can turn a simple real estate dispute into a legal … Read More

Multi-Property Partitions: Should I Leave One Property Out of the Partition?

Multi-property partitions can become one of the most complicated real estate disputes co-owners face. When co-owners purchase or when families inherit multiple properties together, it doesn’t take long before disagreements arise. Some co-owners want to sell everything, while others insist on keeping certain properties in the family. This raises an important question: Should all properties … Read More

What to Do If a Majority Owner Refuses a Partition Action

When the majority owner refuses a partition action, you don’t have to stay trapped—California law is on your side. When co-owners of real estate don’t see eye to eye, disputes are inevitable—especially when one party wants to sell, but the majority owner(s) disagrees. Fortunately, California law provides a clear legal path forward for minority owners … Read More

Does the Federal Government Shutdown Impact Partition Actions?

With the federal government shutting down from time to time, many property owners are asking whether this will affect partition actions in California. Partition is the legal process that allows a co-owner to force the sale or division of real estate, so it’s understandable to worry about possible court delays. The good news is that … Read More

Does a Recession Impact a Partition?

Recessions don’t just impact Wall Street — they directly affect when and how co-owners should file a partition action. In uncertain economic times, many co-owners wonder: Does a recession affect my ability to file a partition action? The answer depends on several economic factors, including real estate values, interest rates, inflation, and mortgage obligations. Let’s … Read More

Co-Listing as a Solution to Settle Co-Owned Property Disputes

Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More